H.B. 4765 (H-3): COMMITTEE SUMMARY - DRIVER'S LICENSE STATUS CHECK

House Bill 4765 (Substitute H-3 as passed by the House)

Sponsor: Representative James McNutt

Senate Committee: Transportation and Tourism

Date Completed: 4-28-98

CONTENT

The bill would amend the Michigan Vehicle Code to permit the Secretary of State to provide an electronic driver license status check of a person who transported clients or provided medical or other health, human, or social services for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code (e.g., a nonprofit charitable corporation). The electronic status check would have to identify the person's driver license type and status, as well as indicate whether the driver had any points on his or her driving record.

The Secretary of State could process an electronic driver license status check only if the request were submitted by an agency serving a tax-exempt organization that was approved by the Secretary of State. An organization would have to provide an approved agency with the driver identification information as prescribed by the Secretary of State, and certify that the organization had the driver's written permission to obtain his or her driver license status check under Section 208c(3)(m) of the Vehicle Code. The organization would have to retain the written permission for at least five years. (Under Section 208c(3)(m), the Secretary of State may disclose personal information maintained under the Code for use by an individual requesting information pertaining to himself or herself or requesting, in writing, that the Secretary of State provide information pertaining to himself or herself to the individual's designee. Only the individual may submit a request for disclosure to a designee.)

The Secretary of State could require both the organization and the agency to comply with any safeguards the Secretary of State considered reasonable or necessary to protect the rights of a driver for whom a status check was requested. Safeguards could include a bond requirement and written designation authorizing disclosure executed under Section 208c(3)(m).

The Secretary of State could not charge a fee for an electronic status check submitted by an approved agency. An organization that requested an actual copy of a record would have to pay the same fee as any other requester of a record copy.

Proposed MCL 257.207a - Legislative Analyst: S. Lowe

FISCAL IMPACT

The bill would result in minimal administrative costs to the Department of State. There would be no fiscal impact on local government.

- Fiscal Analyst: E. LimbsS9798\S4765SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.